Payment Orders in Poland – the Fast Track to an Enforceable Title

1. Documentary order-for-payment procedure (postępowanie nakazowe) – with a security effect

Available, among other cases, for claims from commercial transactions where the contract, proof of the creditor's (non-monetary) performance and proof that the invoice was delivered to the debtor are available. This covers the price, statutory late-payment interest and the EUR 40/70/100 compensation; further recovery costs require documents proving that they were incurred. The procedure is also available for invoices accepted by the debtor, for a payment demand combined with the debtor's written acknowledgment of debt, for official documents, and for promissory notes and cheques (the original must be filed). The documents must be filed as originals or certified copies.

Advantage: The payment order immediately serves as a title for securing the claim, so the creditor can have bank accounts attached (frozen, not yet paid out) before the order becomes final. The debtor must file reasoned objections (zarzuty) within two weeks.

2. Standard order-for-payment procedure (postępowanie upominawcze)

The standard route where no special documents are available. The court issues a payment order without a hearing. If the debtor files an objection (sprzeciw) within two weeks, the case moves to ordinary proceedings.

3. Electronic order-for-payment procedure (EPU, “e-court”)

The electronic procedure at the Lublin-West District Court runs entirely online and is inexpensive. It suits straightforward claims that fell due within the last three years. Older claims cannot be pursued in the EPU, and filing them there may not interrupt the limitation period. If the debtor objects, the case is transferred to the court of general jurisdiction.

4. European Payment Order (Regulation 1896/2006)

If a court in another member state has jurisdiction, the creditor can apply for a European Payment Order there (in Germany, centrally at the Berlin-Wedding Local Court). If the debtor does not object within 30 days, the order becomes enforceable and can be enforced in Poland without any recognition procedure. A translation is usually required for enforcement by the Polish enforcement officer.

5. European Small Claims Procedure

For claims up to EUR 5,000. It is mostly written, uses standard forms and often involves no oral hearing.

Which route is right?